How to sell a town hall

There is still a limit of five years from the first transfer in order to complete the sale. But the Supreme Court intervened in the cost of the operation.

Social housing was created to provide those with a middle-low income the opportunity to get housing. This is possible thanks to the conventions established upstream between local authorities and builders, agreements to build and sell homes for a lowest price compared to the free market. Anyone who becomes the owner of one of these homes has the opportunity to resell them, but under certain conditions, which, however, have been changed by a recent sentence from the United Sections of the Cassation. Therefore, how to sell a town hall?

The law has always tried to prevent the home from becoming a trade for those who want to make real estate speculation without much scruples: I buy a town hall at a much lower price than the market price and then sell it for what someone would ask for an apartment in it territory. In this way, the nature of the housing allowance itself would lose its significance. That is why the legislation contains restrictions, and the Supreme Court itself considered it necessary to intervene in this case. Let’s see at this point, how to sell a town hall.

What is the supported building?

To conventional building we believe that gives low-income families the opportunity to buy a property at a favorable price thanks to an agreement between the municipality in which the buildings are built and the company that builds them. The local authority guarantees concessions and the developer undertakes to sell them public housing at discounted prices compared to the market.

Associated construction must not be confused with supported or supported construction. In particular:

  • the contracting building stipulates that the company must bear the construction costs and then recover them from the sale of the flats;
  • supported housing provides for the purchase of a town hall;
  • Subsidized construction requires the Municipality to bear the construction costs.

The agreements entered into on the construction of public housing can follow the so-called Kig (Economically-popular building plan) or the Bucalossi lov which guarantees a reduction in the concession fee, which we will see shortly.

The limitations of the supported building

As we said at the beginning, the sale of one popular development by virtue of the agreement established between the Municipality and the construction company, certain limits have been established. The most important are:

  • the purchase price of the property;
  • the selling or leasing price;
  • the methods and time of completion of the construction work.

THAT requirements necessary to buy a town hall are:

  • be resident in the municipality where the property to be purchased is located;
  • not to own another home;
  • have a family income within a limit set by law.

The restrictions on selling a town hall

There are limits not only to buying but also to sell a town hallit means:

  • the ban on put up for sale or rent the property within the period stipulated in the sales contract with the municipality (usually five years);
  • the ban – in order to avoid the speculation we mentioned at the beginning – to sell the property when this deadline has expired, to a higher price than what the municipality has imposed. In other words, it is not possible sell the house at market price.

How to overcome the limitations of selling a town hall

However, this last obstacle can be overcome thanks to the procedure for postage. Basically, it is a procedure that allows you to against payment of a sum of money to the municipality to removal of restrictions which weighs on public housing. This right may not be denied to the applicant. In extremely simple words: I pay the Municipality an amount, and I can sell the town hall at market price.

In 2020, a decree from the Ministry of Economic Affairs and Finance came into force, according to which it operates 50% reduction of the fee shall be paid for the redemption calculated in relation to the thousandth of the housing unit that is reduced on the basis of a quantified coefficient corresponding to the difference between the number of years of the duration of the agreement and the number of years that have elapsed from the in paragraph. the date of signature of the Convention itself.

If the agreement allows transfer of the right of surface It is a duration between 60 and 99 years, the amount of the postage fee shall be multiplied by a reduction coefficient of 0,5. This provides an additional saving of 50% for the owners of the surface.

The decree also provides an opportunity to request one from the municipality deferred paymentas long as one is presented bail guarantee issued by banks, insurance companies or financial intermediaries. The removal of the maximum transfer amount will take place by public deed or confirmed private agreement, even after payment of the first installment.

More recently a decision of the United Sections of the Cassation [2] confirmed the rule regarding resale price of the house in a contracted building. For the chief judges, the limitation is therefore still not to exceed the amount set by the municipality, even for sale after the first, until the postage procedure described above is completed. Therefore, you either pay that fee to the Municipality, or the house can not be sold at market price. However, provided that they are at least passed five years from the date of first transfer of ownership.

What’s the news from the Supreme Court? The novelty is that the aforementioned principle applies (with retroactive effect) both for e.g. Plans for economic and social housing both for the conventions of Bucalossi lov [3]that is, the one that lays down all the rules and obligations regarding building land and the urbanization taxes to be paid for new construction, expansion of existing buildings and building renovations.

Thus, the Supreme Court therefore confirms the orientation to avoid speculation in public housing, ie in properties intended for the less well-off.


Note

[1] Ministerial Decree n. 151/2020 of 28.09.2020.

[2] Cass. SS.UU. sent. submitted 06.07.2022.

[3] Law No. 10/1977.

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